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Harare High Court

Doves Funeral Assurance (Private) Limited v Zimbabwe Platinum Mine (Private) Limited

HH 103-17

Case Details

Court
Harare High Court
Date
15 February 2017
Citation
HH 103-17
Neutral Citation
[2017] ZWHH 103
Outcome
unknown
Case Type
Trial

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Contract LawCommercial Law
Keywords
Tender processContract formationAbsolution from instanceFuneral services
Tags
TenderContract FormationAbsolution from Instance
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there was a binding contract between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Communication of successful tender, exchange of draft contract, commencement of implementation"}
  • {"issue_text":"Whether the contract was governed by tender documents or required written agreement","issue_type":"law","dispositive":"yes","related_facts":"Clause 1.3 of Tender Procedure, clause 2.1 and 2.2 of Tender Procedure"}
  • {"issue_text":"Whether Zimplats lawfully terminated the contract","issue_type":"mixed","dispositive":"no","related_facts":"Clause 17.5 of General Conditions, clause 16 of draft contract"}
  • {"issue_text":"Whether Doves proved damages suffered","issue_type":"fact","dispositive":"no","related_facts":"Actuarial calculations, assumptions made, lack of audited accounts"}
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background
Facts of the Case

Background

Doves Funeral Assurance won a tender to provide funeral services to Zimplats employees. After implementing the scheme for 33 beneficiaries, Zimplats cancelled the tender process. Doves sued for unlawful termination, seeking either implementation or damages of US$4,195,543. Zimplats applied for absolution from the instance.
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